IN THE CASE OF

		BOARD DATE:	    30 September 2014

		DOCKET NUMBER:  AR20140002450 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* his military occupational specialty (MOS) was never changed from 11C (Infantry Indirect Fire Crewmember) to 11B (Light Weapons Infantryman)
* he was an infantryman from the time he was assigned to his company in Phú Bài, Vietnam
* he walked point for his entire tour

3.  The applicant provides:

* self-authored statements
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 16 July 1969.  He completed training and was awarded MOS 11C.  He was awarded MOS 11B on 11 June 1970.

3.  He served in Vietnam during the period 14 January 1970 through 5 December 1970 where he was assigned to Company D, 1st Battalion, 501st Infantry Regiment, from 27 January 1970 to 5 December 1970.  During his service in Vietnam, he participated in three campaigns.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 41 (Awards and Decorations) – no award of the CIB
* item 38 (Record of Assignments) – all "excellent" conduct and efficiency ratings

5.  Headquarters, 101st Airborne Division, General Orders Number 9007, dated 11 August 1970, awarded the applicant the Purple Heart for wounds received in action on 29 July 1970.

6.  On 28 May 1971, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Purple Heart
* Bronze Star Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of service from 16 July 1969 through 28 May 1971.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	b.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 501st Infantry Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 in Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The applicant held MOS's 11B and 11C while serving in an infantry unit during his assignment in Vietnam and he was awarded the Purple Heart for wounds received in action on 29 July 1970.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat and that he actively participated in the ground combat.  Therefore, it would be appropriate to award him the CIB and correct his DD Form 214 to show this badge.

3.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

4.  The applicant served honorably during the period 16 July 1969 through 28 May 1971.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 July 1969 through 28 May 1971,

	b.  awarding him the CIB effective 29 July 1970, and

	c.  amending his DD Form 214 as follows:

* deleting award of the Vietnam Service Medal with two bronze service stars


* adding the following awards –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB



      _______ _ X_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140002450



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ABCMR Record of Proceedings (cont)                                         AR20140002450



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